Ёлектронный журнал ћеждународное право - є4 за 2016 г. - —одержание - список статей. ISSN: 2644-5514 - »здательство NotaBene
International Law
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MAIN PAGE > Journal "International Law" > Contents of Issue є 04/2016
Contents of Issue є 04/2016
International law and national law
Komarov A.A. - On criminal jurisdiction of Russia in the Internet applicable to acts according to the Article 159.6 of the Criminal Code of the Russian Federation pp. 1-10


Abstract: The subject of this research is the principles of  the function of Russian national law and foreign countries, as well as the issues that emerge in resolution of collision of jurisdictions of two states with various legal systems. The global Internet is viewed as the peculiar field of function of the legal norms, which introduces its specificity intro the problem of demarcation of the criminal justice of several countries. Due to this fact, this article analyzes various approaches towards the determination of the limits of action of the criminal jurisdiction of Russia in the global Internet. For solution of the set tasks, the author used the comparative-legal method, initially applying the grouping based on the affiliation to various legal systems of the world, as well as the method of analogy for transferring the effective methods of legal regulation from the private international law into the public (criminal) law. The main conclusion of this research consists in the concept of combination of principles on demarcation of the criminal jurisdiction of several state, which is based on separate principles of the function of the private international law, used for resolution of the commercial disputes in the Internet. The author is first to test practically all of the known principles of the private law applicable to fraud, committed through Internet, which allowed efficiently solving the task at hand.
Gorian E. - Struggle against violence toward women in Russia: adherence to international standards or appeal to cultural traditions? pp. 11-26


Abstract: The author examines the causes of inefficiency of the national mechanisms of protection of human rights, particularly regarding the struggle against violence towards women. The article gives characteristic to the change in the concept of women’s rights over the last two centuries within the legal science and legislation of Russia. Special attention is given to Russia’s obligations in this area, namely pertaining to taking steps towards changes in social and cultural models of men and women behavior in order to achieve elimination of prejudices and abolition of customs and other practices, which are based on the idea of inadequacy and supremacy of one of the genders or stereotypes about their roles.  The low level of legal culture in Russia along with the insufficient secularization of legal relations is one of the reasons of inadequacy of protection of human rights. The existing, institutionally formed mechanisms of protection of human rights are inactive due to the absence of will of authorized officials, through which the legal consciousness is being expressed. As a result, even the ratified by the Russian Federation international agreements are unobservant due to the human factor, because the law enforcement agencies place the subjectively perceived by them traditions, religious or cultural norms over the norms of law sanctioned by the state. Russia’s trend not to comply with the formulated by international community standards in the area of human rights due the cultural traditions testifies to the potential possibility of the country to never reach the proclaimed in the Main Law high ideals – become a true democratic and legal state.
Soft law
Shilina M.G. - The Strategy of Shanghai Cooperation Organization as an act of Уsoft lawФ within the transnational economic relations pp. 27-38


Abstract: This article examines the relevant questions of the international legal regulation of economic relations within the modern mechanisms of the transnational economic cooperation, by means of the acts of “soft law”. Particularly, the author reviews the Strategy of development of the Shanghai Cooperation Organization (SCO) until 2025 as the most recent act of “soft law” of the international organization. The adoption of Strategy and its importance is substantiated by the dynamic development of SCO under the complicated geopolitical and geoeconomic realities. The article analyzes the positions of the Strategy pertaining to the economic component of the organization, as well as the structure of the document. For the first time the most recent and fundamental positions that stipulate the parameters of development, as well as peculiarities and flaws of this act from the perspective of opportunities of the legal regulation of economic activity within the space covered by SCO competence. The author defines the options of the possible regional economic integration into the Shanghai Cooperation Organization, considering the newest positions of the Strategy. Realization of the “Silk Road Economic Belt” project in the context of SCO is being researched. The author determines the key obstacles, as well as suggests recommendations for the joint collaboration of SCO with the project. The conclusion is made that the existing in SCO international legal regulation of the transnational cooperation in economic sphere, based on the Strategy and taking into account the proposed by the author recommendations, will allow to productively and competently develop the economic vector in SCO, as well as contribute into the intensification of the economic cooperation between the member-states of SCO and other states of the Eurasian Continent. The Strategy as the act of “soft law” represents the modern relevant document, which is the optimal tool for resolution of the tasks of joint development of the states with different interests and level of development of the economies.
International courts
Romanov R.V. - Reasonable doubts: standard of evidence in the international criminal courts pp. 39-46


Abstract: This article is dedicated to the analysis of the “beyond a reasonable doubt” standard of evidence, as well as practice of its implementation by the institution of international criminal justice. The author present a historical overview of the stages of application of the aforementioned standard of evidence in international criminal courts and tribunals. The article raises a question on the ambiguity of the criteria, according to which a facts is considered proven beyond a reasonable doubt, and moreover, such ambiguity is present not only in the area of international law, but also national law of the states of Anglo-Saxon model of criminal procedure. The author examines the court rulings of the International Criminal Tribunal for the former Yugoslavia. The conclusion is made that the implementation of the “beyond a reasonable doubt” standard within the international criminal procedure requires a precise determination of its content, including formalization of the procedure and evidence in the rules of international courts and tribunals, as well as minimal list of elements which must be established by the court.
History of international law
Pashkovskaya I.G. - Stage of establishment of the political-legal foundations of the foreign energy policy of the European Union pp. 47-63


Abstract: The subject of this research is the process of establishment of the political-legal foundations of the foreign energy policy of the European Union. The object is the adopted by the EU member-states and EU institutions political and legal documents, which set the goals, tasks, principles, and main directions of realization of the foreign energy policy of the European Union. The author carefully examines such aspects of the topic as the attitude of the two leading heads of the states and governments of the EU member-states and chiefs of the EU institutions towards the formation of the single foreign energy policy of the European Union. Special attention is given to the study of the legal power of the documents, the positions of which comprise the foundation of the EU foreign energy policy. The main conclusion consists in determination of the three stages of establishment of the political-legal grounds of the EU foreign energy policy. The author’s main contribution lies in the fact that this article represents an integral, united by the single concept innovation research, the conclusions of which carry great practical importance for the achievement of efficiency in the process of cooperation between Russia and EU member states, as well as EU as a whole, in the area of energy. The scientific novelty consists in determination of the possible ramifications of realization of the EU foreign energy policy for Russia.
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